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Wright v. Lyft, Inc.

United States District Court, W.D. Washington, Seattle

May 29, 2019

KENNETH WRIGHT, on his own behalf and on behalf of other similarly situated persons, Plaintiff,
v.
LYFT, INC., a Delaware corporation, Defendant.

          ORDER RE: FINAL JUDGMENT APPROVING SETTLEMENT AND CERTIFYING SETTLEMENT CLASS

          Barbara Jacobs Rothstein U.S. District Court Judge.

         The Honorable Barbara J. Rothstein

         ORDER

         Upon review and consideration of the Settlement Agreement and all exhibits thereto (Dkt. No. 91) (the “Settlement Agreement”), by and between Plaintiff Kenneth Wright (“Representative Plaintiff” or “Named Plaintiff”) and Defendant Lyft, Inc. (“Defendant” or “Lyft”), and the memoranda and arguments of counsel, IT IS HEREBY ORDERED and ADJUDGED as follows:

         1. The Court has jurisdiction over the subject matter of the Action and the Parties, including all Settlement Class Members, and venue is proper in this District.

         2. Pursuant to Fed.R.Civ.P. 23, the Court finally approves the settlement of this Action, as embodied in the terms of the Settlement Agreement, and finds that the Settlement is, in all respects, fair, reasonable, and adequate and in the best interest of the Settlement Class Members in light of the factual, legal, practical, and procedural considerations raised by this case. The Settlement Agreement is the product of good faith arms-length negotiations by the parties, each of whom was represented by experienced counsel. The Settlement Agreement is incorporated by reference into this Order (with capitalized terms as set forth in the Settlement Agreement), is hereby adopted as an Order of this Court, and becomes part of the final judgment in this action.

         3. As explained in the preliminary approval order, pursuant to Fed.R.Civ.P. 23(a) and 23(b)(3), the Court hereby finally certifies for settlement purposes the following Settlement Class defined as follows:

All Washington residents who, between June 1, 2012, and the date of preliminary approval, November 15, 2018, received on their cellular telephones one or more invitational or referral text messages through Lyft's ‘Invite A Friend' program.
Excluded from the settlement class are: (i) any judge that may preside over this case; (ii) any of the Released Parties, other than Lyft users who sent or caused to be sent invitational text messages; (iii) any Settlement Class Member who has timely submitted a Request for Exclusion by the Opt-Out Deadline; (iv) any person or entity who has previously given a valid release of the claims asserted in the Action; and (v) Plaintiff's Counsel and their employees.

         4. The Court hereby finds that the notice previously given to Settlement Class Members, including notice by email, notice by postcard to certain potential class members, and notice by publication in two local newspapers: (1) was in compliance with the Preliminary Approval Order (Dkt. No. 92), (2) constituted the best notice practicable under the circumstances, (3) constituted valid, due, and sufficient notice to all persons affected by and/or entitled to participate in the Settlement, and (4) was in full compliance with the notice requirements of Fed.R.Civ.P. 23 and due process.

         5. The Court finds that there were no objections to the settlement and that only one (1) class member requested to be excluded from the settlement.

         6. The Court appoints Kenneth Wright as the Representative Plaintiff of the Settlement Class and finds that he meets the requirements of Fed.R.Civ.P. 23(a)(4).

         7. The Court appoints the following lawyers as Class Counsel, and finds that they meet the ...


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